Legal Question in Family Law in North Carolina
My wife and I purchased a home years before we were married as an investment. Since purchasing this investment property we married. At a point during the marriage we refinanced the property. At the time of refinancing the closing attorney "corrected the deed" to reflect my wife's married name. I did not request for the deed to be changed, my only intent in refinancing was to lower the rate on the investment property. We are divorcing now and she is claiming that the change on the deed transitioned the "pre-marital investment property" into a marital asset. Since I did not ask for this change, this change was not explained to me, and this change was made due to "standard refinancing paperwork" is it possible for the home to still be considered a pre-marital investment property instead of a marital asset? I am divorcing under NC Laws.
1 Answer from Attorneys
You need to speak to a family law attorney. The distinction you want to make may ultimately be meaningless since you admit that both of you worked to purchase the home. Either way, you both are entitled to a share.